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December 14, 2011 Board of Supervisors
TOWN OF GRAFTON
BOARD OF SUPERVISORS MEETING
Wednesday, December 14, 2011 Minutes
7:00 PM
Grafton Town Hall
1230 11th Ave., Grafton, WI, 53024
I. CALL TO ORDER
A. Chairman Bartel called the meeting to order at 7:02 PM.
B. Present:
Chairman Lester Bartel Supervisor Tom Grabow
Supervisor Karron Stockwell Town Clerk Erica Raffaele
Supervisor Tom Sykora
Supervisor Steve Schaefer Town Engineer Matt Clementi
Town Planner Amanda Schaefer Town Attorney Sara MacCarthy
Plan Commission members present: Commissioner B. Wolf, Commissioner Heisler
Open Space Commission members present: Commissioner Steve Wilkinson
II. ASSURANCE OF PROPER NOTICE
A. Town Clerk Erica Raffaele assured the meeting was noticed properly.
III. PLEDGE OF ALLEGIANCE TO THE FLAG
IV. REVIEW AND ADOPT AGENDA
A. ACTION: Supervisor Sykora moved to approve the agenda as presented. Supervisor Grabow seconded the motion. Motion carries 5-0.
V. APPROVE MINUTES FROM PREVIOUS MEETING
A. ACTION: Supervisor Grabow moved to approve the minutes as presented. Supervisor Sykora seconded the motion. Motion carries 4-0 with Supervisor Schaefer obstaining.
VI. PUBLIC HEARINGS - OPPORTUNITY WILL BE AFFORDED TO ALL INTERESTED PARTIES IN BEING HEARD CONCERNING:
A. Town of Grafton Ordinance 2011-11: Additional Port Washington Road District Sign Amendments
1. Town Planner Schaefer read the Staff Report into the Public Record.
2. Plan Commission recommended approval of Ordinance 2011-11: Additional Port Washington Road District Sign Amendments at their last meeting.
3. Chairman Bartel opened the Public Hearing at 7:03pm.
4. No one wished to speak.
5. Chairman Bartel closed the Public Hearing at 7:04pm.
6. ACTION: Supervisor Grabow moved to approve Town of Grafton Ordinance 2011-11: Additional Port Washington Road District Sign Amendments. Supervisor Sykora seconded the motion. Motion carried 5-0.
B. Town of Grafton Ordinance 2011-12: Business Conditional Use Permit Amendment
1. Town Planner Schaefer read the Staff Report into the Public Record.
2. Plan Comission recommended approval of Ordinance 2011-12: Business Conditional Use Permit Amendment at their last meeting.
3. Chairman Bartel opened the Public Hearing at 7:06pm.
4. No one wished to speak.
5. Chairman Bartel closed the Public Hearing at 7:07pm.
6. ACTION: Supervisor Stockwell moved to approve Ordinance 2011-12: Business Conditional Use Permit Amendments. Supervisor Sykora seconded the motion. Motion carried 5-0.
VII. RESIDENT CORRESPONDENCE/PERSONS WISHING TO BE HEARD
A. Barbara Dempsey – Thank the Town for their efforts in the Arnold Albrecht issue.
B. Julia McNally – Petition to the Supervisors to reduce the speed limit on Ulao Road from 55 mph to 45 mpg.
C. Mary Pat Harrington, 438 Hillcrest – While the mess has been slightly cleaned up with the Albrecht case, the mess has been moved to the side of his yard that faces her home.
1. Mrs. Harrington received a call from Chairman Bartel on December 1st regarding the issue.
2. People from the Albrecht residence were banging on Mrs. Harrington’s door at 8:45pm one evening.
D. Harvey Hoy, 469 Hillcrest Road, stated his concern regarding the Arnold Albrecht Nuisance Issue.
E. Janet Hoy, 469 Hillcrest Road, read a letter that was written to the Town Board into the public record.
F. Jeffrey Pitman, 142 Preserve Court, stated his concerns regarding the Driveway Ordinance.
G. Kurt Hackbarth, 1733 Manchester Drive, stated his concerns regarding the Driveway Ordinance.
H. Larry Zingsheim, 1845 Fairhaven, thanked the Board for their work regarding the Driveway Ordinance.
VIII. OLD BUSINESS
A. Final Notice of Nuisance Violation – Steven M. Smith and Sheila R. Smith – 1831 Hwy W – Tax Key #06-007-13-005.00. (Tabled Issue)
1. ACTION: Supervisor Sykora moved to take the issue off the table. Supervisor Schaefer seconded the motion. Motion carried 5-0.
2. Chairman Bartel notified the Smiths that until the Conditional Use Permit is applied for and approved, the business should not be operating. If it is found that the business is operating before that point, there can be a lot of costs applied.
3. Supervisor Grabow stated that the list of clean up items was cleaned up when the issue was first presented, but it seems to have gotten worse through the process.
4. Attorney MacCarthy stated that this issue was first presented on June 30, 2010.
5. Chairman Bartel stated that there is a sign on the property advertising “Snow Plowing”, which is not allowed unless a Conditional Use Permit is approved along with a permanent sign permit.
6. Supervisor Stockwell also stated that the sign is not up to the Town’s Code.
7. ACTION: Supervisor Sykora moved to authorize the Town’s Legal Staff to start prosecution. Supervisor Grabow seconded the motion. Motion carried 5-0.
B. Nuisance Violation – 358 Valley View - Tax Key #06-051-04-10.00 – Paul D. Dachelet and Sara J. Van Hemert Dachelet – Failure to Maintain Abandoned/Foreclosed Residence (Sept. 29, 2011 Notice of Violation)
1. Attorney MacCarthy stated that the confirmation of the Sherriff’s Sale was on the 13th of December, the property is now in ownership of Bank of America.
2. Attorney MacCarthy advised the Board to keep this issue on the agenda for next month to update on the status of the property.
C. Application for Operator’s License for Jane B. Lukens, N89 W6343 Willowbrook Dr. Cedarburg, WI 53012 (Chiselled Grape Winery – 1206 Lakefield Road, Grafton, WI).
1. Clerk Raffaele stated that the background check came back stating no record. The server’s certification class has been taken and the Clerk recommended approval of the Operator’s License.
2. ACTION: Supervisor Stockwell moved to approve the Operator’s License for Jane B. Lukens. Supervisor Schaefer seconded the motion. Motion carried 5-0.
D. Nuisance Violation – 437 Lake Bluff Lane – Tax Key #06-033-06-011.00 – Sandra Davis and Dave Davis – Burnt Down Home, Raze Order Resolution and Circuit Court Order.
1. Attorney MacCarthy stated that the Notice came in September 2011. The home needs to be razed.
2. The attorney for Mr. & Mrs. Davis stated that they have a firm proposal for razing the property.
3. The insurance company has requested that the owners not raze the property immediately as there are still some investigative things that need to be done.
4. Attorney MacCarthy questioned if the property is currently insured due to the fact that there was a breach in the security of the property, which is now taken care of.
5. ACTION: Supervisor Grabow moved to instruct the Town Attorney to wait until December 22nd to hear back from the Davis’s counsel and if no communication is made, to file a summons and complaint the week of December 26th. Supervisor Stockwell seconded the motion. Motion carried 5-0.
E. Action to Repeal, Amend, and/or Enforce Concrete Driveway Ordinance No. 2010-09, which amended the Town Code of Ordinances, Sections 4.4.1.02; 7.7.5.12(A); 9.1.5.03(F). (Tabled Issue)
1. ACTION: Supervisor Stockwell moved to un-table the issue. Supervisor Schaefer seconded the motion. Motion carried 5-0.
2. ACTION: Supervisor Stockwell moved to repeal and replace the current Ordinance which will include the verbage from the City of Mequon Ordinance as far as removal and replacement pending review by legal staff, a permit will still be required and the slope will still have to be 1% back and away 6 feet from the road. Supervisor Schaefer seconded the motion. Motion carried 5-0.
IX. NEW BUSINESS
A. Discussion and Action on Bird City Sign Locations for the Town of Grafton.
1. ACTION: Chairman Bartel moved to install the Bird City Signs in the locations recommended from the Open Space Commission. Supervisor Sykora seconded the motion. Motion carried 5-0.
B. Approval of “Existing Trail Map” to be put on the Town of Grafton Website.
1. ACTION: Supervisor Schaefer moved to instruct the Town Clerk to put the “Existing Trail Map” onto the Town of Grafton Website. Supervisor Sykora seconded the motion. Motion carried 5-0.
C. Reimbursement for Trees on Mary Glade Drive.
1. ACTION: Supervisor Sykora moved to reimburse the resident for the Trees on Mary Glade Drive. Supervisor Stockwell seconded the motion. Motion carried 5-0.
D. Allegation of Nuisance Property – Estate of Eileen Nimtz, 368 Riverview Drive, Tax Key #06-051-04-11.00.
1. Attorney MacCarthy stated that Attorney John Gallo has not yet been appointed “Power of Attorney” but promises to get the issues resolved as soon as he is appointment and the funds are available to him.
2. There are some abandoned vehicles on the property, but with the owner dying suddenly, the “power of attorney” is still looking for the keys.
3. ACTION: Supervisor Grabow moved to table this issue until the March 2012 Board of Supervisors Meeting. Supervisor Sykora seconded the motion. Motion carried 5-0.
X. TOWN STAFF UPDATES
A. Complaint form on Trailway Court – Backup onto Mr. Lemke’s property
1. Possible failing mound systems in the vicinity.
2. Clerk Raffaele sent out letters to some residents on Trailway Court to have their mound systems checked.
3. Supervisor Stockwell stated that Mr. Lemke should contact Barry Sullivan regarding the issue.
4. Building Inspector Fellenz should contact the County and go inspect the property.
5. Chairman Bartel stated that because this is a septic and public health issue, the County has jurisdiction over this issue.
XI. APPOINTMENTS OF COMMITTEES
A. Election Inspectors for a term of 2-years ending December 31, 2013.
1. ACTION: Supervisor Sykora moved to appoint all the election inspectors. Supervisor Schaefer seconded the motion. Motion carried 5-0.
XII. REPORTS – FOR INFORMATION, DISCUSSION AND ACTION
A. Chair
1. Chairman Bartel spoke with Bill Janesek regarding the amount of salt that was on the roads.
B. Supervisors
C. Clerk
D. Presentation of Invoices
XIII. MISCELLANEOUS ITEMS DEEMED PERTINENT AS ALLOWED BY LAW
XIV. CONVENE INTO CLOSED SESSION – PURSUANT TO SECTION §19.85(1)(G), WIS. STATS., TO CONFER WITH THE TOWN’S LEGAL COUNSEL REGARDING STRATEGY TO BE CONSIDERED BY THE TOWN BOARD CONCERNING THE NUISANCE ABATEMENT ACTION CURRENTLY PENDING BEFORE THE OZAUKEE COUNTY CIRCUIT COURT – TOWN OF GRAFTON V. ARNOLD J. ALBRECHT, OZAUKEE COUNTY CASE NO. 2011CV000647.
XV. RETURN TO OPEN SESSION PURSUANT TO WIS. STAT. § 19.85(1)(G), WIS. STATS., TO CONFER WITH THE TOWN’S LEGAL COUNSEL REGARDING STRATEGY TO BE CONSIDERED BY THE TOWN BOARD CONCERNING THE NUISANCE ABATEMENT ACTION CURRENTLY PENDING BEFORE THE OZAUKEE COUNTY CIRCUIT COURT – TOWN OF GRAFTON VS. ARNOLD J. ALBRECHT, OZAUKEE COUNTY CAST NO. 2011CV000647.
A. ACTION: Supervisor Grabow moved to return to open session. Supervisor Sykora seconded the motion. Motion carries 5-0.
B. ACTION: Supervisor Stockwell moved to instruct Town Legal Counsel to enter into negotiations with Mr. Albrecht to come to a settlement agreement. Supervisor Grabow seconded the motion. Motion carries 5-0.
XVI. CONVENE INTO CLOSED SESSION – PURSUANT TO SECTION §19.85(1)(G), WIS. STATS., TO CONFER WITH THE TOWN’S LEGAL COUNSEL REGARDING STRATEGY TO BE CONSIDERED BY THE TOWN BOARD CONCERNING THE POTENTIAL LITIGATION CONCERNING THE DENOW LANDFILL.
A. ACTION: Supervisor Grabow moved to return to open session. Supervisor Sykora seconded the motion. Motion carried 5-0.
B. ACTION: Supervisor Grabow moved to authorize VonBriesen & Roper to enter into settlement negotiations with Gaffery with a deadline of the end of the year and prepare of possible litigation. Supervisor Stockwell seconded the motion. Motion carries 5-0.
XVII. ADJOURN
1. ACTION: Supervisor Grabow moved to adjourn subject to payment of bills. Supervisor Sykora seconded the motion. Motion carries 5-0.
Erica L. Raffaele, Town Clerk
Members of the Town Plan Commission, Board of Appeals, or other committees, boards, commissions, and authorities may attend and participate at this meeting, but will not take official action unless notice so provides. No qualified individual with a disability shall, by reason of that disability, be excluded from participation in or denied the benefits of the services, programs or activities of the Town of Grafton, or be subjected to discrimination by the Town.
If you are disabled and require special accommodations, please advise the Town no later than 5 working days before the scheduled meeting or activity.
Archive:
April 11, 2012 Board of Supervisors
April 4, 2012 Plan Commission
March 21, 2012 Open Space Commission
March 14, 2012 Board of Supervisors
March 7, 2012 Plan Commission
February 15, 2012 Open Space Commission
February 8, 2012 Board of Supervisors
February 1, 2012 Plan Commission
January 18, 2012 Open Space Commission
January 11, 2012 Board of Supervisors
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